When a Surrogacy Agency Folds: Essential Steps for Intended Parents
- Olga Pysana
- 16 hours ago
- 5 min read
Rare, but it can shake the surrogacy journey from the ground up
Over the past few weeks, I’ve been contacted by a growing number of intended parents facing serious uncertainty due to the sudden deterioration of a surrogacy agency they were working with.
Unfortunately, situations like this, while rare, can and do happen in international surrogacy.
When an agency becomes unstable, the impact is profound. Intended parents are left anxious and uncertain, and surrogates may find themselves without proper support, communication, or protection.
If you are an intended parent affected by a failing or unstable surrogacy agency, there are immediate steps you should take to protect yourself, your embryos, and everyone involved.
Immediate Steps Intended Parents Should Take
1. Secure Direct Contact With Your Fertility Clinic
If you already have embryos created or in storage, it is essential to have direct communication with the fertility clinic, not just through an agency intermediary.
Confirm:
Where your embryos are stored
That you are listed as the legal owners
Who your direct point of contact is at the clinic
This ensures continuity and prevents miscommunication or loss of control over critical medical decisions.
2. Obtain Direct Contact With Your Surrogate
If you have already been matched with a surrogate, you should request and retain her direct contact details - in the context of international surrogacy mainly all the communication with the surrogate is done through the agency.
Direct communication helps to:
Ensure the surrogate’s wellbeing
Avoid misinformation
Maintain trust and transparency
3. Identify the Local “On-the-Ground” Representative
Make sure you have the direct contact details of a country manager or local coordinator (agency representative), someone physically based in the destination country if the agency is operating across different countries.
This person is often critical for:
Navigating local clinics and hospitals
Managing documentation
Supporting surrogates locally
Responding quickly if problems arise
4. Engage a Surrogacy-Savvy Attorney
Even if contracts are already signed, a lawyer who specializes in international surrogacy can help:
Review legal agreements
Protect your rights regarding embryos and parental status
Advise on options if the agency cannot fulfill its obligations
5. Keep Comprehensive Records
Maintain copies of all:
Contracts and agreements
Emails and communications with the agency
Medical records, test results, and clinic correspondence
These records can be crucial if legal action or transfers of care become necessary.
6. Build a Support Network
Connect with other intended parents or support groups who have navigated similar situations. They can provide guidance, emotional support, and practical tips to manage complications.
7. Plan for Alternative Scenarios
Even if an agency continues to communicate intermittently, limited communication does not equal stability. Intended parents should spend time discussing and planning alternative scenarios, which may include:
Continuing the process independently with the clinic
Coordinating medical, legal, and logistical steps without the agency
Arranging international embryo transport or backup clinic options
Securing legal recognition of parental rights in the destination country
Proactive planning is not pessimistic. It is protective.
What Usually Happens When a Surrogacy Agency Folds?
Surrogacy agencies rarely disappear overnight. In most cases, instability shows up gradually: delayed replies, staff turnover, missed payments, or inconsistent communication. This slow breakdown can be confusing and emotionally destabilizing, especially when you’re already deep into a complex journey.
It’s important to know that fertility clinics typically continue operating independently, even if an agency becomes unstable. Embryos are almost always stored and managed by clinics, not agencies, and surrogates are usually contracted separately - they don’t automatically “disappear” when an agency struggles.
While the situation may feel catastrophic at the moment, many parts of your journey can often continue with the right support and direct communication.
Are My Embryos at Risk?
This is understandably the first question most intended parents ask.
In nearly all cases, embryos are legally stored and controlled by the fertility clinic, not the agency. Ownership is defined through the clinic’s consent forms and medical agreements, which typically list you as the legal intended parents. Surrogacy agencies almost never own embryos.
This is why establishing direct contact with your clinic matters so much. Speaking with the clinic confirms where your embryos are, who has authority over medical decisions, and ensures nothing moves forward without your consent.
A Broader Reminder for Intended Parents
Surrogacy is complex, emotional, and deeply personal. When systems fail, it is unfair that intended parents and surrogates carry the burden. However, knowledge, transparency, and direct access to key stakeholders are your strongest safeguards.
If you feel shocked, angry, overwhelmed, or frozen - that response is completely normal.
This isn’t just a logistical problem. It’s a rupture in something deeply personal. You may be grieving lost trust while simultaneously trying to protect embryos, relationships, and future plans. Give yourself permission to pause, breathe, and seek support. You don’t have to navigate this alone.
aw.
Frequently Asked Questions
Can a surrogacy agency legally take my embryos?
In most cases, no. Embryo ownership is typically defined by clinic consent forms, which list the intended parents as the legal owners. Agencies usually facilitate coordination but do not own embryos.
Do I need a lawyer immediately?
Not always immediately, but early legal consultation is highly protective. A lawyer experienced in international surrogacy can review contracts, clarify embryo ownership, and advise on next steps before small problems become major ones.
Can I transfer embryos to another clinic or country?
Yes, in many cases this is possible. It requires medical clearance, legal coordination, and specialized transport logistics. A fertility clinic and/or an independent consultant can guide you through this process.
Will I lose money if the agency folds?
Sometimes, yes, and this depends entirely on your contracts and what services were prepaid. A legal review can help determine what funds may be recoverable and what options exist.
Can I switch agencies mid-journey?
Yes. Many intended parents transition to a new agency or independent support model. This typically involves transferring records, confirming clinic relationships, and re-establishing legal coordination.
What should I NOT do right now?
Avoid panic-signing new contracts, relying solely on verbal assurances, or delaying direct contact with your fertility clinic. Take time to gather documentation, speak with professionals, and make informed decisions.
Red Flags to Watch For
If you’re concerned about agency stability, common warning signs include:
Sudden silence or drastically reduced communication
Staff leaving without replacement
Delayed or missed payments to surrogates
Clinics distancing themselves from the agency
Vague or evasive answers to direct questions
Spotting these early allows you to act proactively rather than reactively.
Support and Guidance
If you have questions, need guidance, or simply want to talk through your options, you do not have to navigate this alone. Speaking with experienced professionals early can make a significant difference in outcomes.
My thoughts are with everyone affected. These situations are incredibly stressful, and no one deserves to be left without answers or support.
You can use the form below to contact me if you have any questions.
